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1982-066-Authorizing The Execution Of An Annexation AgreementRESOLUTION NO. 1952 -66 RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT RESOLVED by the Town Council of the Town of Los Gatos that the Mayor is authorized and directed to execute the attached agreement with Thomas M. Whitney and Donna L. Whitney, concerning annexation. PASSED AND ADOPTED by the Town Council of the Town of Los Gatos at a regular meeting held on the 15th day of March, 1982, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon Thomas J Ferrito MarL,yn J. Rasmussen, Brent N. Ventura, Peter W. Siemens NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS SIGNED: ✓d -- "MAYOR CY THE TOWN OF LOS GATOS ATTEST: CL OF THE TOWN OF rs GATOS When recorded mail to: TOWN CLERK Town of Los Gatos Post Office Box 949 Los Gatos, California 95031 MEMORANDUM OF AGREEMENT This instrument is a memorandum of the agreement between the TOWN OF LOS GATOS (hereinafter called "Town "), and THOMAS M. WHITNEY AND DONNA L. WHITNEY (hereinafter called 'Owner "), and is made with reference to the following facts: Owner is the owner of land within the sphere of influence and urban services area of the Town described on the attached Exhibit "A ". Owner was the applicant for approval of a sewer line extension to said land to County of Santa Clara Sanitation District No. 4. The Town contended that the proposed sewer line should not be extended if the land were to remain in the unincorporated territory of the County. The parties acknowledge that the proposal to install the extension of the sewer line is one which requires an urban municipal service, and in the future other proposals may be made regarding this property which will require other urban municipal services, and further, that it is desirable and consistent with the County of Santa Clara General Plan that those services be provided by an incorporated city. Owner is willing to annex the land to the Town, but annexation is not now possible because the land is not contiguous to the incorporated area of the Town. Therefore, the parties agree to proceed as follows: Owner agrees to immediately petition for annexation of the land to the Town, subject to the understanding that the petition will be submitted by Town to the Local Agency Formation Commission for authorization to annex as soon as the land becomes contiguous to the incorporated area of the Town or as soon as the land can be made part of a larger petition for annexation, which is contiguous to the incorporated area of the Town. Owner further agrees to renew or resubmit the petition for annexation upon request of the Town. Town agrees, subject to the limitations described above, to submit the petition to the Local Agency Formation Commission with a request for authorization to proceed. The land proposed for annexation is described in the-attached Exhibit "A ". This Agreement runs with the land and is binding on Owner's successors in interest, but when the annexation is accomplished, this agreement shall be of no further effect. OWNER: , 7Zi STATE OF CALIFORNIA, l ........................... Countyof.... Santa }ss: On thir......2 ..............da o.............Clara......... ))) hundred y f . �'arQ'b' and ..... ° °•.•.•.•.•.... in the year one thousand nine 8.2 ........................ before me,...R,ObP;Kta a Notary Public�e 1 r C FFzCCAL' ,:: f �( .Uri,as.................nin appeared ..... Tt@ C1PITNEd ................... ......w...........YularidmDONNA ; SE-AL s RQBERTA . -n ..................................... .............:................. L�d WHITNEy a... known e V is { NO74RY r• \ " UBLIC -CAI -. tom to be the ............. person.S..... whose name S within instrument ' -ORr q t.= AN M t c0 C��U,7Y e: ,•._,. u scr t IN WZTNF ' .......... subscribed o the and acknowledged to me that.......he..y WHEREOF .' k'W:.- .,�,�,,•.; w.,: 3:,,983 -SS execute exeatted the same I have hereunto set my h e in the.... an a "` °• d and affixed county ca..a Zr ••..... San m o y f...........ta...Clara y li;eialseal certificate first above written. " """'••" °•• the da and -- y year in this FORM NO. 32th General Ack nowled Printetl on South wovth's Parch me 9ment. '00% Cotton Fiber, nt Oeetl ` °C' °'• •.-.) r:.............................. u*�........, , Notary P ....................... ublic, State of California. My Commission Expires 9/23/83 ............... ..... ............................... Y boy 2,e) c� MAYOR Accepted by the Town of Los Gatos this ­ ,.c?� day �- � y of ATTEST r ROSE E. ALDAG, TOWN C— t DESCRIPTION TO ACCOMPANY MEMORANDUM OF AGREEMENT, LANDS OF WHITNEY (OVERLOOK ROAD) EXHIBIT "A" All that certain real property situated in the unincorporated area of Santa Clara County, State of California, being more particularly described as follows: Beginning at a point on the boundary of County Sanitation District No. 4 of Santa Clara County as established by the southwest line of the Rancho Riconada de Los Gatos. Said point of beginning being the northeast corner of that certain 1.269 acre "Parcel One" delineated upon that "Record of Survey" of Lands of Harry W. and Sue A. Brown filed 15, June 1978 in Book 420 of Maps, Page 39, Santa Clara County Records; Thence from said point of beginning, and along the easterly line of Parcel "A" and District No. 4 Boundary North 41 39'32 "W 397.42 FEET; Then leaving said District No. 4 Boundary and along a southerly Boundary of Parcel "A" along the following bearings and distances: NORTH 9 37'22" EAST 102.57 FEET SOUTH 64 47' EAST 294.11 FEET SOUTH 1 03'37" WEST 273.16 FEET and SOUTH 88 30' EAST 14.02 FEET to said point of beginning on the boundary of said District No. 4 area described. Containing 1.27 acres more or less